Kerala High Court
Maggi Ashna A F vs State Of Kerala on 25 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 10056 OF 2025
1
2025:KER:64657
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 25TH DAY OF AUGUST 2025 / 3RD BHADRA, 1947
BAIL APPL. NO. 10056 OF 2025
CRIME NO.33/2025 OF MATTANCHERRY POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.1040 OF 2025 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT - VIII/, ERNAKULAM / IV
ADDITIONAL MACT/RENT CONTROL APPELLATE AUTHORITY, ERNAKULAM
PETITIONER/ACCUSED NO.3:
MAGGI ASHNA A F,
AGED 24 YEARS
D/O. FRANCIS A S, ATTIPETTI HOUSE NO. 15,
ELAMKUNNAPPUZHA, AZHEEKKAL, ERNAKULAM.,
PIN - 682508
BY ADVS.
SHRI.GEORGE SEBASTIAN
SRI.JIGO GEORGE
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.,
PIN - 682 031.
SRI.NOUSHAD K.A., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.08.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 10056 OF 2025
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2025:KER:64657
BECHU KURIAN THOMAS, J.
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B.A. No.10056 of 2025
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Dated this the 25th day of August, 2025
ORDER
This bail application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the third accused in Crime No.33 of 2025 of Mattancherry Police Station, Ernakulam; registered for the offences punishable under Sections 8(c), 22(c), 20(b)(ii)(A), 23(c), 27A & 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, NDPS) and Secton 111(1) of the Indian Penal Code, 1860.
3. The prosecution case is that, accused were found in possession of 298.06 grams of MDMA apart from 6.800 grams of dried ganja on 31.01.2025 and thereby committed the offences alleged. Petitioner was arrested on 01.02.2025 and she has been in custody since then.
4. Heard Sri.George Sebastian, the learned counsel for the petitioner, as well as Sri.Noushad K.A., the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that the petitioner has been in custody since 01.02.2025. It was submitted that the grounds for arrest were not communicated to the petitioner or her relatives at the time of her arrest.
BAIL APPL. NO. 10056 OF 2025 3 2025:KER:64657
6. The learned Public Prosecutor opposed the bail application and submitted that the grounds for arrest were communicated to the petitioner at the time of her arrest. It was also submitted that since the contraband seized from the petitioner was commercial quantity, the rigour under Section 37 of NDPS Act will apply and hence petitioner ought not to be released on bail.
7. Though prima facie there are materials on record to connect the petitioner with the crime, since petitioner has raised the question of absence of communication of the grounds for her arrest, this Court is obliged to consider the said issue.
8. In the decisions in Pankaj Bansal v. Union of India and Others, [(2024) 7 SCC 576], Prabir Purkayastha v. State (NCT of Delhi) [(2024) 8 SCC 254] and Vihaan Kumar v. State of Haryana and Another [2025 SCC Online SC 269], it has been held that the requirement of informing a person of grounds for arrest is a mandatory requirement of Article 22(1) and also that the said information must be provided to the arrested person in such a manner that sufficient knowledge of the basic facts constituting the grounds must be communicated to the arrested person effectively in the language which she understands.
9. In a recent decision in Shahina vs. State of Kerala [2025 KHC OnLine 706] this Court has also considered the impact of the aforesaid principles in relation to offences alleged under the NDPS Act and held that the grounds for arrest must be communicated.
BAIL APPL. NO. 10056 OF 2025 4 2025:KER:64657
10. On a perusal of the case diary, it is noticed that grounds for arrest have not been communicated as contemplated by law. In the arrest memo as well as in the intimation of arrest to the relatives, only the provisions of law have been mentioned. In such circumstances, I am satisfied that the grounds for arrest have not been effectively communicated as contemplated by law. Petitioner has been in custody from 01.02.2025 onwards.
11. Since the grounds for arrest have not been communicated as contemplated by law, petitioner's arrest stands vitiated. Having regard to the above circumstances, I am satisfied that the grounds for arrest have not been communicated to the petitioner as required by law.
12. Accordingly, this application is allowed on the following conditions:
(a) Petitioner shall be released on bail on her executing a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(b) Petitioner shall co-operate with the trial of the case.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall she attempt to tamper with the evidence.
(d) Petitioner shall not commit any similar offences while she is on bail.
(e) Petitioner shall not leave the State of Kerala without the permission of the jurisdictional Court.
In case of violation of any of the above conditions or if any modification BAIL APPL. NO. 10056 OF 2025 5 2025:KER:64657 or deletion of the conditions are required, the jurisdictional Court shall be empowered to consider such applications if any, and pass appropriate orders in accordance with law, notwithstanding the bail having been granted by this Court.
sd/-
BECHU KURIAN THOMAS JUDGE AMV/25/08/2025 BAIL APPL. NO. 10056 OF 2025 6 2025:KER:64657 APPENDIX OF BAIL APPL. 10056/2025 PETITIONER ANNEXURES ANNEXURE A A TRUE COPY OF THE FIR DATED 30.01.2025 IN CRIME NO.33/2025 OF MATTANCHERY POLICE STATION ERNAKULAM DISTRICT.
ANNEXURE B A TRUE COPY OF THE REMAND REPORT DATED
01.02.2025 FILED IN CRIME NO.33/2025OF
MATTANCHERY POLICE STATION ERNAKULAM
DISTRICT.
ANNEXURE C A TRUE COPY OF THE ORDER DATED 25.02.2025 IN
CRL.MC 474/2025 IN SESSIONS COURT ERNAKULAM. ANNEXURE D A TRUE COPY OF THE ORDER DATED 25.03.2025 IN CRL.MC 817/2025 IN SESSIONS COURT ERNAKULAM. ANNEXURE E A TRUE COPY OF THE ORDER DATED 19.04.2025 IN CRL.MC 1024/2025 IN SESSIONS COURT ERNAKULAM. ANNEXURE F A TRUE COPY OF THE COMMON ORDER DATED 16.06.2025 IN CRL.MC 1758/2025 AND CRL.MC 1983/2025 IN SESSIONS COURT ERNAKULAM.
ANNEXURE G A TRUE COPY OF THE ARREST MEMO DATED 01.02.2025 IN CRIME NO.33/2025 OF MATTANCHERY POLICE STATION ERNAKULAM DISTRICT.
ANNEXURE H A TRUE COPY OF THE CUSTODY MEMO DATED 01.02.2025 IN CRIME NO.33/2025OF MATTANCHERY POLICE STATION ERNAKULAM DISTRICT.